On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
Yasemin Tekiner
In Her Individual Capacity, As A Beneficiary And A Trustee Of The Yasemin Tekiner 2011 Descendants Trust And Derivatively As A Holder Of Equitable Interests In A Shareholder Or A Member Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 33
November 22, 2022 Rule 14 Letter from Scott Parker to Court
Regarding Banking Statements
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023
Writer’s Direct Contact:
908.333.6220 (Tel.)
PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax)
scott.parker@piblaw.com
www.piblaw.com
November 22, 2022
VIA NYSCEF
Hon. Joel M. Cohen, J.S.C.
Supreme Court of the State of New York
County of New York – Commercial Division
60 Centre Street, Courtroom 208
New York, New York 10007
Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al.
Index No.: 657193/2020
Dear Justice Cohen:
This firm is co-counsel to Co-Plaintiff Yasemin Tekiner (“Yasemin”) in the above-
referenced matter. In accordance with Commercial Division Rule 14 B and Section VI.B and
VII.B of Your Honor’s Individual Practices and Procedures, and as the parties discussed with Ms.
Klinger on November 10, 2022, we write to respectfully request a conference to resolve the
ongoing dispute as to Defendants’ refusal to produce the relevant banking records for the Company
defendants.
Yasemin has been attempting to obtain these banking records for many months – both in
formal discovery and through requests for the Company’s books and records. Except for limited
sporadic monthly statements, however, Defendants have refused to produce any such statements
in discovery. And, except for a 21-month period of statements from a single Company bank
account from Santander Bank that Billur Akipek (“Billur”) finally sent to Yasemin on October 5,
2022, Defendants have refused to provide any other statements in response to Yasemin’s books
and records demand – and even then, those statements contained multiple, inappropriate
redactions. Defendants have steadfastly refused to produce the requested banking statements
notwithstanding Billur’s sworn affidavit filed with this Court on July 20, 2022, which said that
Defendants were “committed to providing Yasemin and Zeynep access to all the books and records
of the Company.” (See NYSCEF Doc. No 654, ¶ 8.)
Further, as Your Honor is aware, Yasemin attempted (and is still attempting) to obtain the
requested banking records from Santander itself. (See NYSCEF Doc. No. 691 (subpoena to
Santander).) Defendants, however, moved to quash Yasemin’s subpoena to Santander (and lost
that motion), thus delaying by months the timeline for Yasemin to be able to obtain those records
directly from Santander. Indeed, as of the date of this letter, Santander has not yet produced the
subpoenaed banking records.
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA
FH11169317.1
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023
Accordingly, Yasemin respectfully requests a conference to resolve this issue and set a date
certain by which Defendants must produce the requested banking records.
We thank the Court for its consideration of this submission.
Respectfully submitted,
Scott W. Parker
Enclosure
cc: Stephen P. Younger, Esq. (via email)
Michele Kahn, Esq. (via email)
2
FH11169317.1
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023
FH11169317.1
Document Filed Date
January 09, 2023
Case Filing Date
December 21, 2020
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 33 November 22, 2022 Rule 14 Letter from Scott Parker to Court Regarding Banking Statements FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023 Writer’s Direct Contact: 908.333.6220 (Tel.) PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax) scott.parker@piblaw.com www.piblaw.com November 22, 2022 VIA NYSCEF Hon. Joel M. Cohen, J.S.C. Supreme Court of the State of New York County of New York – Commercial Division 60 Centre Street, Courtroom 208 New York, New York 10007 Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al. Index No.: 657193/2020 Dear Justice Cohen: This firm is co-counsel to Co-Plaintiff Yasemin Tekiner (“Yasemin”) in the above- referenced matter. In accordance with Commercial Division Rule 14 B and Section VI.B and VII.B of Your Honor’s Individual Practices and Procedures, and as the parties discussed with Ms. Klinger on November 10, 2022, we write to respectfully request a conference to resolve the ongoing dispute as to Defendants’ refusal to produce the relevant banking records for the Company defendants. Yasemin has been attempting to obtain these banking records for many months – both in formal discovery and through requests for the Company’s books and records. Except for limited sporadic monthly statements, however, Defendants have refused to produce any such statements in discovery. And, except for a 21-month period of statements from a single Company bank account from Santander Bank that Billur Akipek (“Billur”) finally sent to Yasemin on October 5, 2022, Defendants have refused to provide any other statements in response to Yasemin’s books and records demand – and even then, those statements contained multiple, inappropriate redactions. Defendants have steadfastly refused to produce the requested banking statements notwithstanding Billur’s sworn affidavit filed with this Court on July 20, 2022, which said that Defendants were “committed to providing Yasemin and Zeynep access to all the books and records of the Company.” (See NYSCEF Doc. No 654, ¶ 8.) Further, as Your Honor is aware, Yasemin attempted (and is still attempting) to obtain the requested banking records from Santander itself. (See NYSCEF Doc. No. 691 (subpoena to Santander).) Defendants, however, moved to quash Yasemin’s subpoena to Santander (and lost that motion), thus delaying by months the timeline for Yasemin to be able to obtain those records directly from Santander. Indeed, as of the date of this letter, Santander has not yet produced the subpoenaed banking records. New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037 New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700 BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA FH11169317.1 FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023 Accordingly, Yasemin respectfully requests a conference to resolve this issue and set a date certain by which Defendants must produce the requested banking records. We thank the Court for its consideration of this submission. Respectfully submitted, Scott W. Parker Enclosure cc: Stephen P. Younger, Esq. (via email) Michele Kahn, Esq. (via email) 2 FH11169317.1 FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1064 RECEIVED NYSCEF: 01/09/2023 FH11169317.1